What to Do if Pulled Over for A DUI – DWI in Maryland from a Baltimore County DUI – DWI Attorney G. Randolph Rice, Jr., 410-288-2900

What to Do if You Are Pulled over for DUI or DWI in Maryland.

As a former Assistant State’s Attorney and now private attorney representing clients in Maryland in their DUI (Driving Under the Influence 21-902 (a)) and DWI (Driving While Impaired 21-902(b)) cases, there are a couple of tips I can pass along if you are pulled over for suspicion of DUI or DWI.

Don’t panic and stay calm. Make sure you use your turn signal and obey all rules of the road. Even though you’re being followed by a police car with its lights and sirens on, that doesn’t mean you ignore the traffic laws. Pull over to the side of the road and make sure you stop your vehicle in a safe location for both you and the police officer. Police officers do not like to be placed in positions that endanger their safety and security. If can find a parking lot, pull into that location as soon as possible. If you are on the interstate, pull as far over to the right hand side of the road to avoid traffic.

Make sure you stay in your vehicle and place your hands on the steering wheel. Don’t fumble around with things in your car before the officer approaches the vehicle. The police officer does not know who you are or what you have in the car. He is looking out for his or her own safety as well as yours. Police are trained to be prepared that during each traffic stop the driver could cause them harm when they approach the vehicle. This doesn’t mean you’re an automatic threat, but they don’t know who is in the car and they want to complete the traffic stop without any injuries.

When the officer does arrive at your car window, make sure you greet the officer with respect and courtesy. Don’t begin to yell, in fact, don’t say anything other than “hello”. I have had hundreds of clients who began confrontational with the officer and one ticket turned into 15 tickets. You don’t want to give the police officer anymore reason to write more tickets than he has to write in the situation. The kinder and more courteous with the officer the more respect he or she will show you.

Before the traffic stop, you want to make sure you have your license, registration and proof insurance in a convenient location so you can provide the officer with this information. In DUI and DWI stops, Maryland police officers are trained to look for signs of impairment, and you fumbling with your wallet or purse looking for documents is a clear indicator to them that you may be impaired.

If the and when the police officer asks if you’ve been drinking, don’t lie, you don’t have to answer. The only obligation you have in terms of information that must be provided is your driver’s license, vehicle registration and proof of insurance. If you believe that you are impaired or under the influence then you should not answer any questions. I have too many clients who want to tell the police officer that they only had two beers. It rarely is true and it won’t help you in their determination of whether to arrest you for DUI or DWI. You are within your rights to ask for a Baltimore DUI – DWI attorney and politely refuse to answer any questions based on your Fifth Amendment right to remain silent. Be polite and cooperative with the police officer, but do not provide any further information.

If the officer orders you out of the car you must comply. The simple fact of it is, even if you think you don’t have the right to get out of the car, you will be coming out of that car one way or other. You can exit the vehicle on your own or you can have one or more police officers extract you from the vehicle. They have the right to ask you to exit and you will not win this argument on the side of the road.

However, if the officer asks you to perform field sobriety tests then you do not have to comply with this request. Any actions you take can be used against you as evidence. So if you stumble out of the car then that is evidence. If you fumble with your wallet or purse while looking for your documents, that is evidence. If you perform field sobriety tests, then you are giving the officer more evidence. You do not have to perform the tests, but be aware that the police officer will more likely than not arrest you for suspicion of driving under the influence or driving while impaired.

Once you are arrested, don’t make any statements to the officer, enjoy the ride in the back of the police car in silence. Once you are at the police station or precinct you will be requested to submit to an Alcohol Test or “breath test”. You will also be read or will be allowed to read a DR-15. The DR-15 is an advisement of your rights in regards to the tests the officer will want to perform and the consequences of not taking the take or taking the test and the results of that test on your driving privilege. You do not have to take this test either. But, be aware that if you do not take the test then there will be consequences for your privilege to drive. If you do take the test then the results of the tests can be used as evidence against you at trial. Once you have completed the tests or refused to take the test the police officer will either release you or he or she may be required to take you before a commissioner for bail to be set in your matter.

If you have been arrested for DUI or DWI in Baltimore County, Harford County, Anne Arundel County, Howard County, Baltimore City, or any other part of Maryland, contact the DUI – DWI Attorneys at the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900. A DUI – DWI case is complicated and you need the experience and knowledge of a dedicated DUI – DWI defense attorney handling your case. We have been ranked by CitySpur as one of Baltimore’ Best DUI – DWI Defense Attorneys.

"Great lawyer! I am so happy that I choose Randolph Rice to represent me for my case. I've used him in the past and he once again did everything he said he was going to do and more. He was understanding of my issue and he was always there to answer my questions and make me feel better about what I was going through. I would not hesitate in referring Mr. Rice to anyone that needs the best lawyer for their case. He returns phone calls, he listens and he works to make sure you get the best outcome, as he did in my case. Thank you again Mr. Rice!!!!"